GLIMPSE ON AVIATION LAWS OF INDIA
BY-Guneet kamboj
INTRODUCTION
In a modern era of technological advancing world, the aviation sector plays an important role in human life. Whether to transport the goods from different corners of the world or to promote tourism is done through aviation sector of countries. As of now estimated contribution of the aviation sector in dropping the passengers to their preferred destination is around 90% of the total volume of passengers handling as compared to different modes of transportation. It has really been true to say that the aviation sector is the gateway in connecting the world that has been distinct apart from one another. As aviation plays a critical role in developing the economy, proper infrastructure is to be maintained, so that it continuously performs its job without any interruption. Since the number of passengers has been increasing, it is daytime for government to maintain the security and behaviour towards their employees, government has made certain rules and regulations that abides on every passenger that travels through any airline. So that they control the unruly behaviour of passenger and detain the passenger who was not following and taking it seriously. The International Air Transport association released data in 2017 which stated that there was 8,371 incidents of unruly behaviour of passengers are reported that really make delay in the operations of the flight.
Unruly behaviour in the passengers
A passenger who fails to respect the rules of conduct at an airport or onboard in an aircraft or to follow the instructions of airport staff or crew members aboard and disturbs the goods order and discipline at an airport.
As per the law of aviation sector controller of India’s MOCA( Ministry of civil aviation) the person who has done the disruptive behaviour before boarding of a flight maybe not be allowed to board the flight and senior officer on duty may call the security to act against the person and if the unruly behaviour is reported in the course of flight that person may suffer serious consequences for these actions. The aircraft may divert and make the unscheduled landing for the safety of other passengers and charged the person with a fine or prosecuted under MOCA laws.
Indian aviation laws
The ministry of civil aviation MOCA is a nodal ministry responsible for the formulation of policy and regulations of civil aviation in India. The MOCA oversees the planning and implementation of schemes for the growth and expansion of the aviation sector of India. MOCA develops different regulatory authorities that are running underneath it so that there will be smooth running of the sector and transparency should also be maintained within the sector. The list of authorities that works under MOCA are :
1. The directorate general of civil aviation
2. The airport authority of India
3. The airport economic regulatory authority
4. The bureau of civil aviation security
Certain rules and regulation made by MOCA that has to be followed are:
1) The Aircraft Act, 1934 (“Aircraft Act”) and the Aircraft Rules, 1937 (“Aircraft Rules”):
(i) regulates the manufacture, possession, use, operation, sale, and import and export of aircraft.
(ii) stipulates the parameters for determining airworthiness, maintenance of aircraft, general conditions for flying and safety, registration of aircraft, and the conduct of investigations.
2) The Airports Authority of India Act, 1994 (“AAI Act”):
(i) establishes the AAI.
(ii) makes the AAI responsible for the development, finance, operation, and maintenance of all government airports in India.
3)The Civil Aviation Requirements (“CARs”):
the CARs are issued by the DGCA under Rule 133A of the AR1937 and provide the standards expected to be met before a licence, certificate, approval, or permission is granted/accorded.
4) The Carriage by Air Act, 1972:
governs the rights and liabilities of air carriers and is applicable to both domestic and international carriage by air, irrespective of the nationality of the aircraft performing the carriage.
1. Airports Economic Regulatory Authority of India Act, 2008 (“AERA Act”) provides for:
(i) the establishment of AERA.
(ii) regulates tariffs and other charges for services rendered at airports.
(iii) establishes an appellate tribunal for the adjudication of disputes.
The aircraft rules of 1937 were formed so that it keeps an eye on the unsatisfied behaviour of passengers and lays down the principles for ideal behaviour which are expected from them, further it provides recourse to punitive actions or other repercussions.
Consequently, the provision listed in the Indian penal code had to be invoked. The problem at this stage was that the disorderly behaviour of passengers may not every time lead to offence, and they walked freely with such little fine and without no legal action.
The DGCA in 2010 incorporated two new rules in aircraft rules in 1937. This was done with the purpose of managing the undisciplined passengers on board for both international and domestic destined in India. These rules have to be strictly followed throughout the operations.
Rule 22 of the aircraft rules,1937
Rule 22 deals with the instances of assault and other such dangerous acts of interference against the member of the crew. The rule laid down that no person who is on board an aircraft should indulge in the act of assault, intimidation, or threatening either verbally or physically against a member of the crew. The passenger is not supposed to indulge in any acts which hinder the performance of duties of the crew or reduce their ability to perform their duty.
Further, no passenger on board shall refuse to allow a lawful instruction given by the aircraft commander.
Rule 23 of aircraft rules, 1937
Rule 23 deals with the act that relates to assault on other or such dangerous acts which creates threats to the life of passengers, staff, and the aircraft or jeopardize the good order and discipline on board.
The rule stated that no person who is on board an aircraft shall indulge in the following act:
1. Assault, intimidate, or threaten any other person either verbally or physically.
2. Intentionally, either cause damage to or destroy the property belonging to the aviation company.
3. Consume alcoholic beverages and narcotics substances and create havoc or inconvenience.
Types of acts
The International Air Transport Association has promulgated a non-exhaustive list of behaviour that counts as disruptive in nature, hereby the list of following are:
Illegally consuming narcotics.
Smoking cigarettes in the aircraft.
Carrying any melee weapon on the premises of the airport.
Refusing to cooperate with the individuals over there and to comply with safety instructions.
Sexual harassment and abusive behaviour.
Verbal or physical confrontation with crew members or other passengers.
Other types of reckless behaviour, including screaming, banging head on the setbacks.
The above lists will be entitled to ban the person from taking flights as per MOCA and measures has been taken against the person and gives the person a tag in which he behaves unruly at that time and categorized as per the level of threat.
1. Level 1- unruly behaviour is defined as consisting of acts such as making inappropriate physical gestures, verbally harassing passengers, intoxication, etc.
2.Level 2- passengers indulging in physically abusive behaviour such as pushing, hitting, grabbing, touching inappropriately, kicking, etc.
3. Level 3- passengers showcasing life-threatening behaviour, damaging the aircraft, attempting, or actually breaching the flight.
CONCLUSION
As stated above the need for strict and more capable aviation laws is the need of today generation. From time to time the dependency is more going to increase in upcoming future, more safeguards have to be taken by the government to protect and safe the rights of the passengers travelling through this sector and person who has done offence may not get free through certain fine and strict action has been taken against them. Also, MOCA has to check whether their rules are followed by the airport authority correctly their policies are implemented properly, or they are still on paper. As the problem of unruly behaviour is on the rise, to curb the situation it is necessary to take preventive measures, but the airline should also be prepared to manage the incident.
References-
https://libertatem.in
https://www.iata.org
https://iclg.com
https://www.civilaviation.gov.in